Judge McCabe called the meeting to order at 9:00 a.m. and lead the Pledge of Allegiance.

Transcription

1 BE IT REMEMBERED THAT the Crook County Court held a Regular Court Session on October 2, 2013 at 9:00 a.m. in the County meeting room located at 320 NE Court Street, Prineville, Oregon. In attendance were: County Judge Mike McCabe; County Commissioner Ken Fahlgren; County Commissioner Seth Crawford; County Counsel Jeff Wilson; Assistant County Counsel Eric Blaine and County Court Secretary Colleen Ferguson. Members of the public signing the attendance log were: Jerry and Darlene Harpster, Prineville; Ron Ward, Prineville; Rebekah Burkhardt, Sheriff s Office; Al Bond, Sheriff s Office, Jail; Dave Dethman, Sheriff s Office; Chuck Hegele, Terrebonne; Karianne Aaron, Victim s Advocate/D.A. Office; Traci Petersen, Victim s Advocate/ DA s Office; Julie Martinez, Victim s Advocate/DA s Office; Jim Hensley, Crook County Sheriff; John Gautney, Crook County Sheriff s Office; Craig Brookhart, Prineville; Ray and Adrienne Stacy, Prineville; Fred Martin, Crook County Sheriff s Office; Penny Keller, Crook County Roadmaster; Michelle Blomquist, County Human Resources Director; Gail Merritt, Prineville; Jodie Fleck, Rager Emergency Services, Post and Paulina; John Sundell, Powell Butte; Cynthia Graves, Prineville; Rebecca Wagner, Powell Butte; Lou Haehnlen, Crook County Building Department; Scott Willard, Luther Community Services Northwest-Mental Health; Roberta Nestaus, Lutheran Community Services Northwest; Daina Vitolins, Crook County District Attorney; Aaron Brenneman, Deputy District Attorney; and Greg Hinshaw, Maintenance Director. The media was advised of the meeting. Judge McCabe called the meeting to order at 9:00 a.m. and lead the Pledge of Allegiance. Consent Agenda 1. Approve minutes of September 4, September 18, Approve Department of Education Youth Development Division Intergovernmental Agreement (IGA) # Approve employment agreement, Dr. Laura Gratton, County Health Officer 4. Approve Amendment 3 to OHA financing local public health agreement, # Approve Crook County Parks and Recreation District 10 IGA between Crook County and Crook County Parks and Recreation District 2) Order (Resolution) Authorizing Application for Grant 3) Land Use Compatibility Statement 6. Approve MOU between Crook County Sheriff and SCHS 7. Approve contract with Business Doctor LLC 8. Approve M57 Funding agreement, IGA between State of Oregon and Crook County, funding for drug and alcohol treatment for certain types of offenders ADDITIONS: State of Oregon Contracts HIPAA and State of Oregon Contracts HIPAA The Court reviewed the Consent Agenda. Assistant County Counsel Eric Blaine presented the two additional contracts. Both are regarding new HIPAA rules and are an addition due to the short timeframe of five days for returning the signed copies to the State. Mr. Wilson presented item number five, the RV Park and Recreation matter. He explained this item had three parts with an amended resolution, and the scope of the project now being a phased approach. The Court discussed the employment agreement with Laura Gratton and the insurance liability matter. Crook County Court 1

2 Commissioner Fahlgren moved to approve the Consent Agenda with the additions of two State contracts, and Commissioner Crawford seconded the motion. There was no additional discussion. The vote was 3-0, motion carried. Swearing in of new Corrections Deputy, Ray Stacy Crook County Sheriff Jim Hensley introduced and provided background on new Corrections Deputy Ray Stacy. Deputy Stacy introduced his family who are here today along with many members of law enforcement community to witness Deputy Stacy receiving his oath. Sheriff Hensley explained the importance of the challenge coin, the meaning of the coin to law enforcement and the requirement to always have the coin with the officer. He presented the coin to Deputy Stacy and administered the appointment and oath of office for Deputy Stacy to take upon entering into his new position. Deputy Stacy has volunteered as a reserve for the Sheriff s Office as well as volunteering to work in the jail for many hours to learn the job of a Corrections Officer. The Court congratulated Deputy Stacy on his new position. Order , appointment to Board of Property Tax Appeals (BOPTA) Judge McCabe presented Order and explained the purpose of the BOPTA Board. Commissioner Fahlgren moved to approve Order , appointing to the BOPTA Board: Pool #1, Nancy Knoche; Pool #2, Mary Jo Johnson, Ron Krebs and Dorless Reid for the term to begin on October 25, 2013 and end June 30, Commissioner Crawford seconded the motion. Judge McCabe restated the motion and re-read the pool information. The vote was 3-0, motion carried. COIC Update, Andrew Spreadborough Andrew Spreadborough, Interim Executive Director of Central Oregon Intergovernmental Council (COIC) discussed the Federal shutdown impacts on the COIC programs. He will keep the Court updated. Mr. Spreadborough presented an update on the Cascade East Transport (CET) bus system operating between the communities in Central Oregon and the work in progress to create a sustainable funding stream for the bus system. The Regional Transportation System was launched in 2008 with roots back to Crook County Dial-a-ride. In 2010, COIC took on the Bend Area Transportation (BAT) system in Bend. The operation has been Entrepreneurial, pursuing any funding available. The goal is to maximize the local funding and federal funding for the transportation. There is no property tax base for the program. The Board has been grappling for two years with the sustainable funding issues for the program due to the program experiencing volatile funding. Bend is an urban based system and the rest of the area is rural. The BAT program provided $1 million dollars for five years from the City of Bend. That expires next year. The rural side areas contribute to the funding from general funds with the Cities and Counties being stable but without other funding, there may have to be service cutbacks. It is hard to plan and stabilize the program with volatile funding and riders experience problems when the funding fails. Crook County Court 2

3 Mr. Spreadborough explained the work of the Adhoc Committee with the timeline for mid-november to work with elected officials, advocates for ridership and other community members to review different scenarios, costs and governance models. A survey has been done and the result was not surprising. The response was that riders wanted more services but no one wanted to pay more. Mr. Spreadborough explained the funding that could be raised if this were to go into a property tax program. Mr. Spreadborough said the intention is to wrap up this committee s work in November. He will come back in a couple of months for a recommendation of the Court. Discussion was held on the Corvallis bus system that is a utility-funded system and is funded through student tuition and OSU contributions. Discussion was held on flex routes, consistent routes, bussing to Mt. Bachelor for skiing, to the campuses and hospitals, and the idea of forming partnerships. Mr. Spreadborough said there is no recommendation for any one option at this time. Discussion was held on the transportation of Veterans in Crook County and from Crook County to Redmond to connect with the shuttle transport to Hillsborough for Veterans Services. An ODOT grant has helped to make this transportation connection a reality. Discussion regarding purchase of a Zoll ECG Defibrillator/Rager Emergency Services (RES) Jodie Fleck and her infant grandson Jake appeared before the Court to discuss the purchase of an ECG Defibrillator for the Rager Emergency Services (RES) ambulance. The Court and Ms. Fleck discussed the purchase of either a new machine or a refurbished machine, the costs, the repair warranty, the option of a loaner machine if the other is in for repair, the option to send a machine out for repair or have a technician come out to provide the service and the three different quotes provided and whether each provided the very same equipment and attachments. Commissioner Fahlgren discussed his conversations with Matt Smith, Crook County Fire and Rescue Fire Chief and Chief Smith s recommendations. Discussion was held on the shortfall of income and volunteers since Rager Ranger Station has closed. Commissioner Fahlgren said he has spent a lot of time researching this equipment and keeping costs at a minimum while providing the best equipment possible. He discussed with Ms. Fleck possibly purchasing a refurbished unit to allow for funding for other needs of the RES to keep the program in operation or to spend more on a new machine and less on other needs. Ms. Fleck said the local community (Post and Paulina areas) helped funding and keep the ambulance program in operation. Several volunteers provide funding as well. She prefers to have a new machine for the ambulance. Commissioner Crawford moved to purchase a new machine for $23, He amended the motion to provide up to $24, Commissioner Fahlgren seconded the motion. The vote was 3-0, motion carried. Public Hearing, Second reading of Ordinance 266, amending Ordinance 212 removing term limits for election of the Crook County Planning Commission Chairperson Counsel Wilson provided the staff report on the second reading of Ordinance 266 amending Ordinance 212 to remove the term limits for election of the Crook County Planning Commission Chairperson. One reason to recommend adopting Ordinance 266 is that by imposing term limits, the Court would prevent the Commission from choosing its own chair and managing its own meetings. Not everyone desires to serve as chair. Everyone is capable and talented enough but does not want to serve. Removing the term limits establishes parity with other County Boards and Committees, none of which have the County Crook County Court 3

4 impose term limits on their chair positions. Mr. Wilson explained this is a legislative decision and is at the sole discretion of the County Court members to remove the term limits or adopt the term limits. Mr. Wilson said that Ordinance 266 recognizes that the Planning Commission unanimously recommends removal of the term limit allowing the Commission the control to elect their choice for the chair position the first meeting in January of each year. If there is an issue with the chair, the Planning Commission can remove that person from the position. The Planning Commission Chair has no additional powers or authority. Legal Counsel believes it is appropriate to remove the term limits. Commissioner Fahlgren moved to read Ordinance 266 by title only. Commissioner Crawford seconded the motion. Judge McCabe read Ordinance 266 by title only. The vote was 3-0, motion carried. Judge McCabe opened the Public Hearing. Jodie Fleck asked questions regarding the Planning Commission minutes on the web site and why they were not all there. The response is that the web site has just been changed over the last few days, and the GIS/IT department is still working to have everything back up on the site. Ms. Fleck had wanted to review the older minutes to see why Ordinance 212 was proposed and adopted in the first place. Planning Director Bill Zelenka presented information regarding the Chair s position and duties. The chair oversees the meeting just like any other Board and conducts the meeting only. The Chair is the facilitator of the meeting and is elected at the first meeting in January of each year. The Planning Commission is required to elect the chair every January. Mr. Wilson explained the purpose of the emergency clause. The ordinance will not go into effect upon signing but into effect in 60 days. If approved, the ordinance becomes effective in December and will allow the members to have time to decide who they will be electing as Chair on the first meeting in January. Chuck Hegele, 7950 N. Lone Pine Road, Terrebonne, Oregon, said he believes the County should not have a Planning Commission at all. He suggested the County hire a hearing officer or use the County Planning staff. He said the staff is great; Bill Zelenka does a good job, and the Planning Commission is doing a great job. He said he believes the County should keep the position in-house, minimize the government, demand more of the staff and pay them more. Cynthia Graves, 6501 SE Schultz, Prineville said she is the wife of the owner of the Prepper-Up, a new business in Prineville. She said the term limits were put in for a reason at one point and time. She referenced the Presidential term requirement. Craig Brookhart, Prineville, Chair of the Central Oregon Patriots said he is here today at the Patriots request. Mr. Brookhart talked about the matter of an attorney hired by the Patriots and the attorney s mediation contract with the County. Mr. Brookhart spoke of growing people into leadership rolls. He said he understands the Planning Commission wanting to elect their own leader but believes the leader does set the tone of the meeting. He discussed how one person could keep others from joining the commission. Mr. Brookhart discussed the current chair s (Bill Gowen) length of service as chair of the Planning Commission. He discussed the Rule of Necessity, discussed in regarding to the Ordinance 212 and has reviewed past recording. He has Crook County Court 4

5 researched the Rule of Necessity and has found in the State of Massachusetts it is used as a conflict of interest and used as a short-term stop gap measure. He wondered how it could be used as a rule for almost two year and how to prevent it from being misused. He referenced the emergency clause in the ordinance added in to change a rule that has been in effect since He listed two issues: 1) Do we want to grow people into leadership rolls and 2) using rules such as Rules of Necessity to bypass issues. He closed by reading a portion of the Central Oregon Patriot letter that was read during the public hearing at the County Court meeting held on September 18, 2013 in Paulina. He believes other boards would benefit from changes as well. Darlene Harpster, Prineville, said she had attended the Planning Commission meeting on August 14, 2013, and Bill Gowen presented the agenda. The matter of the ordinance was listed on the agenda. The motion was moved and seconded quickly that the one sentence regarding term limits be recommended for removal. Ms. Harpster, as a member of the public, discussed apathy, letting someone else do the leading. The boards get comfortable and let one person go ahead and lead. She asked why the term limit was done in the first place, there had to be a reason and so why take it off. Ms. Harpster said that Bill Gowen does a great job but so would Mr. Sundell, Mr. Bedortha or Mr. York, all Planning Commission members. She asked the Court to please consider what the purpose of the limiting the term was in the first place. John Sundell, Powell Butte, member of the Planning Commission for three and one-half years, said he was appointed to the Planning Commission after the ordinance regarding the chair s term limit was passed. He said his knowledge of why the term limit was placed was hearsay on his part, but he understood that a prior County Court Commissioner was asked by a prior Planning Commissioner to set the limits. He addressed the need for term limits in some instances and not in others. He said there should be term limits for Congressional members but there are not. Mr. Sundell said term limits at the county level make no sense. He discussed the grooming of a person to sit as the chair and said he believes any of the members of the Commission could set as the Chair. Regarding the tone of the meeting, Bill Gowen follows procedures, is respectful and allows the public to speak. He said that six of the seven members of Commission are senior citizens. Most have owned their own business and need no grooming to sit as Chair. Mr. Sundell said Bill Gowen is good at running a meeting, does not telegraph his feelings, and does not influence the decision at a meeting. Mr. Sundell said the members would not take kindly to anyone trying to influence on their decisions. He said the County Court appoints to the Commission members to a three year term, and the Court could say they are not going to reappoint a person, cut off the limits or remove a person from the commission if they felt that step was needed. Mr. Sundell said the primary reason for removing the limits is so the Commission can elect their own chair. Cynthia Graves commented back to Mr. Sundell regarding the political points of no term limits. Discussion was held between Ms. Graves and Mr. Sundell regarding restrictions and term limits. Ms. Graves argues that there are term limits for members of Congress, in that committee chairs are changes when one party loses the majority and the next congress committee elects a new chair. Ms. Graves said she plans on getting into the politics of the County. Ms. Harpster asked to speak in rebuttal. She asked the Court where is the allegiance of the people appointed is going to go. She said it will go to the people that appoint them. Crook County Court 5

6 Jerry Harpster, Prineville, said he used to be a Parking Commissioner, taking care of parking problems in a city in Montana for two years. In that position, he heard complaints and some got extended in conversations. He said after two years he stepped down and to allow someone else to have the chance to serve. He said he believes in the constitution and that term limits are necessary. Craig Brookhart spoke and said he agrees with the Planning Commissioner that that Commission should be able to vote on the Chair. But at the time, the Rules of Necessity came up. He said he could pull up rumors but cannot go and talk with the former Commissioner. Mr. Brookhart spoke further on the Rules of Necessity calling it troublesome. He said he would like to see new blood on the boards. Judge McCabe closed the public hearing. There were no additional comments. Commissioner Fahlgren moved to approve Ordinance 266. Commissioner Crawford seconded the motion. Judge McCabe restated the motion and reread the ordinance by title. The vote was 3-0, motion carried. Judge McCabe adjourned the Open Session to convene into Executive Session under ORS (2)(h) to consult with Counsel concerning the legal rights and duties of a public body and ORS (2)(f) to consider information or records that are exempt by law from public inspection. Executive Session ORS (2)(h) to consult with Counsel concerning the legal rights and duties of a public body. ORS (2)(f) to consider information or records that are exempt by law from public inspections. Judge McCabe opened the Executive Session under ORS (2)(h) to consult with Counsel concerning the legal rights and duties of a public body and ORS (2)(f) to consider information or records that are exempt by law from public inspections. Following discussion of the matters before them, Judge McCabe adjourned the Court out of Executive Sessions ORS (2)(h) to consult with Counsel concerning the legal rights and duties of a public body and ORS (2)(f) to consider information or records that are exempt by law from public inspections and convened back into Open Session. Members of the public waiting were invited back into the Open Session. Open Session Judge McCabe reconvened the Crook County Court back into Open Session following adjournment out of Executive Session under ORS (2)(h) to consult with Counsel concerning the legal rights and duties of a public body and ORS (2)(f) to consider information or records that are exempt by law from public inspections. Crook County Court 6

7 After reconvening into Open Session, the following motion was made. Commissioner Crawford moved to require Lutheran Community Services Northwest to reach out to each of its community partners (St. Charles, Housing Works, and Rimrock) and request monthly feedback in writing for the next 90 days. Copies of those written reports shall be provided to the County Court on a monthly basis for its review. At the end of the 90 days, the Court shall review the matter and decide what, if any, further action is necessary. Commissioner Fahlgren seconded the motion. The vote was 3-0, motion carried. Judge McCabe adjourned the Court out of Open Session at 1:00 p.m. for a lunch break The Court is scheduled to reconvene into Executive Session at 1:30 under ORS (2)(i) Personnel Reviews. 1:30 p.m. Executive Session ORS (2)(i) Personnel Reviews Judge McCabe reconvened the Crook County Court into Executive Session under ORS (2)(i) Personnel Reviews for Greg Hinshaw, Maintenance Director; Debbie Patterson, Juvenile Department Director and Bill Zelenka, Planning Director. Open Session At approximately 3:00pm, the Court adjourned out of Executive Session (2)(i) Personnel Reviews into an Open Session. Members of the public were invited back into the court room. Judge McCabe announced that all three persons reviewed today would receive a merit increase. Judge McCabe adjourned out of Open Session to reconvene the Court into Executive Session under ORS (2)(h) to consult with Counsel concerning the legal rights and duties of a public body and (2)(f) to consider information or records that are exempt by law from public inspection Executive Session ORS (2)(h) to consult with Counsel concerning the legal rights and duties of a public body ORS (2)(f) to consider information or records that are exempt by law from public inspection. The Court deliberated in Executive Session. Upon completion of the deliberations, the Court adjourned out of Executive Session under ORS (2)(h) and ORS (2)(f) and back into open session. Members of the public were invited back into the court room. Crook County Court 7

8 Commissioner Fahlgren moved to approve the recommendation of staff to give the notice to Gale Brockett as discussed in Executive Session. Commissioner Crawford seconded the motion. The vote was 3-0, motion carried. The Court discussed the RV park located on County-owned property. A grant application would be submitted today or tomorrow, asking the Oregon Department of Parks and Recreation for certain funds to complete important infrastructure improvements to the park. Based on the order-and-resolution approved in the consent agenda today, Ken Fahlgren has been delegated authority to sign the application once it is finalized. Commissioner Fahlgren discussed the status of the trees located on the RV park property. This grant opportunity would not pay for the trimming, removal, or replacement of the trees as may be required to improve the park. Such tree-work would need to be completed separately. It is estimated that such work would cost $10,000 or less for the entire park, but the work would need to be completed prior to the spring. The planned renovation of the RV park would be initiated in Spring When any decision would need to be made on these matters, the Court members would be apprised. There being no further discussion on the day, at approximately 4:00 p.m. the meeting was adjourned. Respectfully submitted, Colleen Ferguson Crook County Court Secretary Crook County Court 8